Search Options
Judgment Advanced Search
Displaying 1901-1920 of 5707 results.
Kohinoor Chemical CompaÂny Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....der rule 1 of Order 11. He puts stress upon the expresÂsion within 'ten days from the date of framing issues' occurring in rule 1 of the Order which has been inÂserted by amendment. It is true that sometimes the word 'may' means 'shall' and the word 'shall' means 'may' in the context of the enactm......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......e of Criminal Procedure. In the Code of Criminal ProÂcedure section 339C was inserted providing for a period within which the Magistrate or the Sessions Judge, as the case may be, shall conclude the trial. And sub-section (4) of section 339C provides that if the trial can not be concluded within th......Âman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necesÂsary to state are ..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... Khalilur Rahman....................................Petitioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kaz...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......ars and also to pay a fine of Tk. 1000/- each while acquitting othÂers, by a Judgement and order dated 26.4.83. 3. The petitioner was tried, in absentia, and it is stated in the petition that the trial was beyond his knowledge and at no stage of the case notice, sumÂmons or warrant was served u......tate…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawy..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....quar Ali Bhutto.............................Petitioner Vs. Bangladesh & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC)......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......ner provided for the verÂification of the plaints in the Code of Civil ProceÂdure. Rule 47 provides that every election shall be tried as nearly as may be in accordance with the proÂcedure for the trial of suits under the Code of Civil Procedure. Rule 48 provides that the Tribunal shall have all ...... & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribuna..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....g to 7th May, 1976 the informant's brother Sona Miah went to plough his land in plot No.527 of Akberpur Mouza . At the time of his departure he told his brother, the informant, to go to the land with some seedlÂings. The accused party also gathered at the same plot of land forming an unlawful assem......Khurshed and Sujan their appeal is dismissed and orÂder of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......is by a number of the accused persons who were twenty in all as well as an allegation that Suruj Pal fired a pistol twice killing one person and woundÂing another. The accused persons were placed on trial on charge under sections 147,148 and sections 323,307 and 302 read with section 149 of the Ind...... Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Referred to- Suraj Pa..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....Commissioner, Moulvibazar and another.............Contemner (In Contempt Petition No.3 of 1987). Judgment April 6, 1989. Result: The Rule Nisi in Writ PetiÂtion No. 425 of 1985 is made absolute. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- ......aggrieved by the order dated 15.12.82 passed by the AdÂditional Commissioner; Chittagong Division preÂferred an appeal before the Board of Land Administration. The appeal was admitted, reports were called for from the Additional Commissioner, Chittagong Division and the Additional Deputy Commissio......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by SecÂretary, Ministry of Land AdminÂistration and Land Reforms and others..................................Respondents (In Wr..Category: Property Law | Date: | Hits: 129
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....sections 302/34 of the Penal Code and sentenced to transportation for life and the appellant Sabjan Bibi has been convicted under secÂtion 201 of the Penal Code and sentenced to suffer rigorous imprisonment for 5 years and also to pay a fine of Tk. 1000/-, in default, to suffer further rigorÂous i......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......Âtion 302 of the Penal Code was started. The police after investigation submitted charge-sheet against all the appellants under sections 302/34 of the Penal Code. 4. The appellants were placed on trial before the Additional Sessions Judge, 1st Court, Sylhet, having been charged under sections 30......DLR (HCD) (1989) 349...Category: Criminal Law | Date: | Hits: 101
....53 of 1981 (formerly Title Suit No.888 of 1979) decreeing the suit in favour of the plaintiff.
2. Respondent No.1 being plaintiff instituted the aforesaid Title Suit for declaration of title and also for a declaration that the treating of the suit property as vested and non-resident property is i......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......perty as vested, and non‑resident property. The plaintiff created forged documents in order to grab the suit property.
4. On the aforesaid pleadings of the parties four issues were framed by the trial Court which were considered and disposed of together. The plaintiff examined three witnesses i......sion
(Civil Appellate Jurisdiction)
Present:
Mozammel Hoque J
Abdul Karim J
Additional Deputy CommiÂssioner (Revenue) Dhaka………………Appellant
Vs.
Md. Mostafa Ali Mridha and others…………………Respondents
Judgment
July 22, 1993.
Result:
The appeal is..
Category: Property Law | Date: | Hits: 134
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....ge, Sunamganj under section 374 of the Code of Criminal Procedure for confirmation of the death sentence upon accused Khalilur Rahman along with Criminal Appeal No.654 of 1992 filed by condemned‑prisoner Khalilur Rahman and accused Habibur Rahman and Jail Appeal No.749 of 1992 filed by condemened-......n a dispute relating to a pathway (passage) through the house of Sikim Ali for which 4 criminal cases were pending before the Court. 4. During trial prosecution built up a case that accused Rahman called deceased Sikim Ali from the paddy Khola of Bahadur where he was drying his under the sun and ......may be stated that the parties were at daggers-drawn on a dispute relating to a pathway (passage) through the house of Sikim Ali for which 4 criminal cases were pending before the Court. 4. During trial prosecution built up a case that accused Rahman called deceased Sikim Ali from the paddy Khola......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment March 15, 1995. Result: The reference is rejected. The Criminal Appeal No.654 of 1992 is dismissed. The Jail Appeal No.749 of 1992 and Jail Appeal No.1761 of 1992 are dismissed. Cases Referred to- Woolmington Vs. Director of..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
..... Result: The proceeding for contempt is dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC). Lawyers Involved: Dr. ......f courage. He writes: "The High Court Division served show cause notice upon the then Information Ministerand later in pursuance to the doctrine one step forward two steps back, it retreated and recalled the notice." He further writes, “the Judges are appointed by the people and entrusted with ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ...... Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for c..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
.... Md. Hamidul Haque J Shahadat Chowdhury...................Petitioner Vs. Md. Ataur Rahman...................Opposite Party Judgment January 28, 1996. Result: The Rule is made absolute. Cases Referred to- Syed Md. Afzal Hossain Vs. M Selim Idris, 15 BLD 362; Khondaker Ab......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Complainant opposite party Md. Ataur Rahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a petition of complaint against the petitioner alleging that in the ..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
.... nature, the case is bad for non-joinder of necessary parties. Both the Courts found that the case was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have allowed pre-emption finding that the case land although described in the question deed ...... order dated 28.9.93 passed by the Munsif, 3rd Court, Munshigonj allowing the pre‑emption Misc. Case 36 of 1980 under section 96 of the State Acquisition and Tenancy Act (which shall hereinafter be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statut......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......i Halder & others...............Respondents Judgment June 15, 1995. Result: The Rule is discharged. Cases Referred to- Aseruddin Sk Vs. Serqiuddin Talukder, 30 DLR 75; Tayeb Ali and another Vs. Abdul Mutlib in Civil Appeal No.30 of 1983; Abdul Khaleque Vs. Jadab Chandra Mali, 2..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....e and SCC Judge for trial of the suit and accordingly, on 28.8.93 1st Assistant Judge passed the order for sending the entire records to the 3rd Assistant Judge for completing trial of the suit and also found that his earlier order dated 25.8.93 for returning only plaint and vokalatnama to the plain......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... necessary as it does not create any obstruction for the proposed construction. On 25.8.93 the defendant filed an application under Order 7 rule 10 of the Code of Civil Procedure with a prayer to the trial Court (First Court of Assistant Judge) for returning the plaint of the suit along with vokalat...... 173. ..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....esent: Abu Sayeed Ahammed J Hafiz Ahmed.............Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; M......d J.- This Rule at the instance of the pre‑emptee who failed to resist pre‑emption in both the Courts below under section 96 of the State Acquisition & Tenancy Act (which shall hereinafter be called the Act). 2. Nazamat Ali gifted the disputed land including his homestead measuring 0.70 a......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......n: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....99) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... M A Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awardi..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
.... Mallik withdrew Taka 85,000.00. Subsequently, when measurement was taken it was found that work of Taka 30,759.00 was only done and the remaining Taka 54,241.00 was misappropriated by the accused persons in collusion with one another. The project Chairman claimed that no amount was misappropriated ....... Munsurul Haque Choudhury, Deputy Attorney General — For the State. Criminal Miscellaneous Case No. 2220 of 1995. Judgment Md. Hamidul Haque J.- By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Special Case No.40 of 1992 pending in the Cou......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......se is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... For the Respondent (in both the appeals). First Appeal No.277 of 1994 with First Appeal No.129 of 1995. Judgment Md. Abdul Aziz J.- First Appeal No.277 of 1994 has been filed by the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the l......public power failure has been recorded at 8-35 AM on 28-11-88 which has been overwritten in place of something else. 19. Exhibit ‘Ta’ produced by the local power development board office being called for by the Court at the instance of the defendant, shows that the time of power failure was r......m the date of repudiation. The parties examined four witnesses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after hearing the case decreed the suit in full holding that: “So considering the a...... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar..Category: Business or Commercial Law | Date: | Hits: 525
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
.... Result: The death reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-General - For the State. Anisul Huq with Md. Kaiser Ali, Advocates - For the Condemned Prisoner (In Death Reference No. 20 of 1994). Anisul Huq with Md. Kaiser Ali, Advocates - For the Ap......against their death sentence. 2. Prosecution case, briefly, is this. On 25-6-92 after the Magrib prayer accused Bachchu Mia came to the paternal house of victim Khairul Islam, aged about 20 years, called and took him with him. Thereafter, Khairul Islam did not return to his house. On the next day......of murder as brought against the appellants and that the learned Additional Sessions Judge convicted the appellant on mere suspicion. 8. It is in the evidence of P.W.6 Shakawat Ali that during the trial two affidavits were sworn before him, one by P.W.1 Khadem Ali, father of the victim and the ot......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Nurul Islam J State……….Appellant Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others…………………Respondents Judgment February 23, 1998. Result: The d..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....dge, Patiya, Chittagong for a decree of dower, maintenance and other claims including golden ornaments. The averments made in the plaint are that, marriage in between plaintiff and defendant No.1 was solemnised on 15-4-94. In the kabinnama dower money was fixed at Taka 1,00,000.00 out of which Taka ......Revision No.1589 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as t......ity. But on reading appellate judgment it cannot be said that the same suffers from a patent illegality and flagrant error of law. It is to be kept in view that in case of reversal of judgment of the trial Court, consideration of the evidence and materials brought on record, as of necessity, is requ......rocedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs. Anwar Hossain, 48 DLR 28; Central Bank of India Vs. Nusswer Wanji, AIR 1932 Bom 642, 643, 644; State Bank to Mysore Vs. SM Essence Distilleries, AIR 1993 Kant 359 Para 18 and 19; 17 DLR (SC) 169; AIR 1964 SC 907...... auction and the respondent No.1 as bidder participated in the said auction and eventually succeeded in purchasing the same through Court by a registered consolidated sale deed on 25-11-2009 which is called bainama. The said decree of the Artha Rin Suit was not chalÂlenged before any higher forum b......d appearance filing written objection, thereafter the injunction matter came up for hearing on 4-3-2010, meanwhile another appliÂcation for temporary injunction was filed by the plaintiff before the trial Court but the said applicaÂtion was kept with the record by the learned Joint District Judge ...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....llowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur RahÂman Mostafa, M. A. Rouf, Advocates - For the State. Md. Abdur Rahim Khan, Advocate - For the Condemned Prisoner. Death Reference No. 7 of 1988 With Jail ApÂpeal No. 93 of 1988. Judgment Mo......chowki on the eastern side of the southern verandah of his house. He further stated that on the next morning at about 7.30 A.M. he was awakened by his relation Tozamber Ali from his sleep and then he called his daughter Alo Tara and son-in-law MaÂnik but finding no response from them he entered int......ty to Women Act, 1983. The learned Sessions Judge, however, on consideration of the facts and circumstances of the case took cognizance of the offence under section 302/34 of the PenÂal Code. At the trial charge was framed under section 302/34 of the Penal Code against the condemned prisoner and th......Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General wit..Category: Criminal Law | Date: | Hits: 142
74957494749374927491748974887486748574837482748174807478747774767475747474727470